HomeMy WebLinkAbout20120494.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL DATA ACCESS CONTRACT AND AUTHORIZE
CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Intergovernmental Data Access
Contract between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Human Services, Employment
Services, and the Department of Labor and Employment, commencing March 1, 2012, and
ending February 28, 2017, with further terms and conditions being as stated in said contract,
and
WHEREAS, after review, the Board deems it advisable to approve said contract, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Intergovernmental Data Access Contract between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Human Services, Employment Services, and the
Department of Labor and Employment, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of February, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:��Gwd, P
Sean P. y, Chair rl)
Weld County Clerk to the Board (,/ -��
William F. Gadcia, Pro-Tem
BY:
Deputy CI to the Boar. I� �� Vii0 u— A
Kirkmeyer ic
cip,A Cocal
APP D
vid E. Long
y Attorney �� �* - a�
�ougl-- Rademacher
Date of signature: :3- /47-/a
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HR0083
MEMORANDUM
DATE: February 17, 2012
. e.„#•1861
TO: Sean P. Conway, Chair, Board of County Commissioners
FROM: Judy A. Griego, Director, Human Services
Va�COUNTY 222 a RE: Intergovernmental Data-Access Contract between the Board of
J� County Commissioners on Behalf of the Department of Human
Services' Employment Services and the State of Colorado
Enclosed for Board approval is an Intergovernmental Data-Access Contract between the Board of
County Commissioners of Weld County on behalf of the Department' Employment Services and the
State of Colorado. This Intergovernmental Data-Access Contract war reviewed under the Board's
Pass-Around Memorandum dated February 9, 2012, and approved for placement on the Board's
Agenda.
This contract provides Employment Services inquiry access to State systems of the Colorado
Unemployment Benefit System (CUBS) and the Colorado Automated Tax System (CATS) for the
verification of client eligibility via unemployment insurance wage records and for the review of
employer information for job match activities. The contract identifies the duties and obligations
concerning access to, and use of, the provider information systems.
The term of this Agreement is March 1, 2012 through February 28, 2017.
If you have any questions, give me a call at extension 6510.
State of Colorado
•
Department of Labor&Employment
I'rocu rement and Contract Service-, C'DT E1
63317th Street,Suite 1100
Demver.CO 80202-3660
(303)318-8056
Sandra Thomas lax(303)318-8068
Contrnch Ma eager Sandia.thomaSFJsta teco.us
2012-0494
•
CMS#38109
This INTERGOVERNMENTAL DATA-ACCESS CONTRACT
is made by and between:
Board of County Commissioners of Weld County,
acting by and through the
Greeley Workforce Center
P.O. Box 758
Greeley, CO 80632
(Participating Agency)
and
THE STATE OF COLORADO,
acting by and through the,
DEPARTMENT OF LABOR AND EMPLOYMENT
acting by and through the
Unemployment Insurance Program
633 17th Street, Suite 1200
Denver, CO 80202-3660
(Provider)
RECITALS:
A. Provider is an executive department of the State of Colorado and Participating Agency is a political
subdivision of the State of Colorado;
B. Provider and Participating Agency are committed to strengthening the coordination of services delivered to
Colorado residents;
C. Participating Agency desires access to data owned by Provider, and Provider is able and authorized to
provide such data to the Participating Agency;
D. If any funds are received by Provider pursuant to this Intergovernmental Data-Access Contract, such
funds shall be attributed to Fund Code 100, Organizational Unit Code 1353,Appropriation Code 101,
Revenue Source Code 5200, Subrevenue Source Code 77, Function Code 1000, and Grant Budget
Line Code 5092;
E. Participating Agency warrants that the confidential data received pursuant to this Data-Access Contract shall
be used only by public employees in the performance of their public duties; and
F. All required approvals,clearances,and coordination have been accomplished from and with all appropriate
agencies.
NOW THEREFORE, the parties hereto agree as follows:
• A, EFFECTIVE DATE and TERM:
The effective date of this Data-Access Contract is March 1,2012, or on the date the State Controller
signs this Contract, whichever is later. The term of this Data-Access Contract shall commence on the
effective date, and end on February 28, 2017, unless previously terminated by one of the parties
pursuant to the terms of this Intergovernmental Data-Access Contract.
B. SCOPE OF ACCESS TO, AND ANTICIPATED USE OF, PROVIDER'S INFORMATION SYSTEMS.
In accordance with § 8-72-107 of the Colorado Revised Statutes (C.R.S.), as amended, the employees
of Participating Agency are public employees performing their public duties;
Page 1 of 8 Pages
o?O/ —ov9y
Participating Agency desires access and use of Provider information within the following Provider
information systems
X Colorado Unemployment Benefit System (CUBS)(inquiry only)
Colorado Unemployment Benefit System (CUBS) (input only)
X Colorado Automated Tax System (CATS) (inquiry only)
Participating Agency desires this access to, and use of, Provider's information systems for the purpose
of: verification of client eligibility via unemployment insurance wage records and for review of
employer information for job match.
Participating Agency expressly acknowledges that it is solely responsible for any breach of the C.R.S.
by Participating Agency, its employees, agents, or licensees. (See C.R.S. § 8-72-107, as amended.)
C. DUTIES AND OBLIGATIONS CONCERNING ACCESS TO,AND USE OF, PROVIDER INFORMATION
SYSTEMS.
1. Duties and Obligations of Participating Agency. Participating Agency shall:
a. Comply in all respects with C.R.S.§8-72-107,as amended. Specifically,Participating Agency shall
not release any Provider information to any other person or entity other than the individual wage
earner, benefit recipient, or employing unit. C.R.S. § 8-72-107, as amended, reads, in part:
. . . Information thus obtained, or obtained from any individual pursuant to the
administration of§§70 to 82 of this title, except to the extent necessary for the
proper presentation of a claim, or withholding tax account numbers if such
numbers are obtained from the department of revenue pursuant to§39-21-113,
C.R.S.,shall be held confidential and shall not be published or be open to public
inspection (other than to public employees in the performance of their public
duties,to an agent of a state or local child support enforcement agency pursuant
to§8-72-1O9(9),or to an agent of the division designated as such in writing for
the purpose of accomplishing certain of the division's functions) in any manner
revealing the individual's or employing unit's identity . . . Any employee or
member of the division or any referee who violates any provision of this article is
guilty of a misdemeanor and, upon conviction thereof, shall be punished by a
fine of not less than twenty dollars nor more than two hundred dollars, or by
imprisonment in the county jail for not more than ninety days, or by both such
fine and imprisonment. . . .
b. Release Provider information to the individual wage earner, benefit recipient, or employing unit
only if it is prepared and presented by Participating Agency on its own letterhead or affidavit.
Specifically, Participating Agency shall not release information via screen prints of Provider
information from the database. A copy of wage statements or other wage information obtained
from the computer database maintained by the Provider shall be admissible into evidence for
the purposes of determining income for child-support-enforcement cases as per the Uniform
Dissolution of Marriage Act, § 14-10-115, C.R.S., as amended.
Specific employees of the Colorado workforce centers(WFC)may print only those applicable CUBS
screens that document an applicant's ability to meet the requirements for the Workforce Investment
Act Dislocated Worker Program. Colorado WFC must ensure the applicant's file is kept
confidential, not published, and not available for public inspection.
c. Only use and access Provider information as authorized in § B, above. Only those employees of
Participating Agency who are directly responsible for the use specified in § B above shall have
access to, or use of, Provider information. Prior to allowing any employee of Participating Agency
to access or use any Provider information or participate in any activity, Participating Agency shall
Page 2 of 8 Pages
require any such employee to review and agree to the usage and access terms outlined by the
Provider and provided to Participating Agency by Provider. For each user, Participating Agency
shall request from the Provider's Security Coordinator an application and any required forms for
completion prior to use and access of Provider information or participation in any related activity.
Participating Agency shall submit completed forms for each user to the Provider's Contract
Coordinator or designee for review. The acceptance or denial of the request for access is solely
determined at the discretion of Provider.
d. Take all necessary precautions, including, but not limited to: safeguarding the storage of Provider
information, restricting which employees are given access to Provider information, and protecting
Provider information from unauthorized access, usage, or release.
e. Permit employees or authorized agents of Provider to make on-site inspections, during normal
business hours,to ensure that Participating Agency is in compliance with the requirements of the
C.R.S. and any applicable State and federal statutes or regulations.
f. Designate a Security Coordinator responsible for all tasks related to requesting, removing, or
changing access of Participating Agency's users. A change in the identified Security Coordinator or
other contact information, including the Executive Director, shall be sent to Provider in writing no
later than twenty-five (25)business days from the effective date of such change.
The Security Coordinator information for both Parties is:
Provider: Participating Agency:
Cheryl Ames (or designee), Security Sean P. Conway, Chair
• Colorado Dept. of Labor and Employment Bd. of County Commissioners of Weld County
Information Technology Management 1150 O Street
633 17`" Street, Suite 800 P O Box 758
Denver, CO 80202 Greeley, CO 80632
(303) 318-8310 (970) 336-7204 X4200
Cheryl.amesastate.co.us state.co.us sconway@co.weld.co.us
g. Comply with all security and access procedures established by Provider. Participating Agency
shall submit to Provider's Contract Coordinator or designee the names of all employees for whom
authorization to access Provider information is requested.
h. Notify Providers' Contract Coordinator within five (5)calendar days when a user's access to
Provider information is no longer required because of a change of employer or job duties to
preclude continued, unauthorized access.
i. Expressly agree that Provider shall not be liable to Participating Agency for damages, in
whatever form or however characterized or claimed,from inadequacies with, or in, State
information.
2. Duties and Obligations of Provider. Provider shall:
a. Allow access to Provider information as indicated in § B above by providing, where appropriate,
access to information through a computer data link;access shall be available from 8:00 a.m.to 5:00
p.m. Mountain Standard Time, Monday through Friday, (except for legal State holidays) barring
machine or power failure, or overload of the terminal network.
b. Provide information to Participating Agency, contingent upon the availability of the requested
information within the State's computer system. Provider shall not be liable to Participating Agency
for damages,in whatever form or however characterized or claimed,from inadequacies with,or in,
State information.
Page 3 of 8 Pages
c. Provide training to Participating Agency, as necessary, with regard to the policies and operating
procedures related to accessing and using the Provider information systems designated in §
above.
D. ADDITIONAL PROVISIONS
1. Legal Authority. the parties warrant that each possesses actual, legal authority to enter into this Data-
Access Contract. The person or persons signing this Data-Access Contract, or any attachments or
amendments hereto, also warrant that such person or persons have actual legal authority to execute
this Data-Access Contract, or any attachments or amendments hereto.
2. Relationship of Parties. The Participating Agency shall perform its duties hereunder as an
independent contractor and not as an employee of the State. Neither the Participating Agency nor
any employee or agent of the Participating Agency shall be, or shall be deemed to be an employee
or agent of the State. The Participating Agency shall pay when due all required employment taxes
and income tax and local head tax on any monies paid pursuant to this Contract. The Participating
Agency acknowledges that the Participating Agency and its employees are not entitled to
unemployment insurance benefits unless the Participating Agency or third party provides such
coverage and that the State does not pay for or otherwise provide such coverage. The Participating
Agency shall have no authorization, either expressed or implied, to bind the State to any
Agreements, liability, or understanding except as expressly set forth herein. The Participating
Agency shall provide and keep in force Workers' Compensation insurance coverage (and show
proof of such insurance coverage) and unemployment compensation insurance in the amounts
• required by law, and shall be solely responsible for the acts of the Participating Agency, its
employees and agents.
3. Assignment. The rights, duties, and obligations of Participating Agency under this Data-Access
Contract may not be assigned, delegated, or otherwise transferred without the prior express, written
consent of Provider.
4, Performance Monitoring.
a. Participating Agency shall permit Provider,the United States Department of Labor,or any other duly
authorized governmental agent or agency, to monitor all activities conducted by Participating
Agency pursuant to the terms of this Data-Access Contract. Such monitoring may consist of
internal evaluation procedures, examination of program data, special analyses,on-site checking,
formal audit examinations, or any other reasonable procedures. All such monitoring shall be
performed in a manner that shall not unduly interfere with the performance of the duties or
obligations of Participating Agency under this Data-Access Contract.
b. Participating Agency authorizes Provider to perform audits or inspections of the records of
Participating Agency at any reasonable time during the term of this Data-Access Contract and for a
period of five (5) years following the termination of this Data-Access Contract.
5. Ownership of Materials and Information. Participating Agency agrees that all materials,information,
data,computer software, documents,studies,and/or written evaluations produced by either Provider or
Participating Agency in the performance of this Data-Access Contract are the sole property of Provider.
6. Notice of Pending Litigation. Unless otherwise provided for, Participating Agency shall: notify
Provider in writing,within five(5)working days after being served with a summons,complaint,or other
pleading in a case which has been filed in any federal or state court or administrative agency,and which
summons, complaint, or other pleading involves services provided under this Data-Access Contract;
and, shall deliver copies of any such document or documents to Provider.
7. Waiver. The waiver of any breach of any term or provision of this Data-Access Contract shall not be
construed as a waiver of a breach of any other term or provision of this Data-Access Contract or, a
waiver of a subsequent breach of the same term or provision of this Data-Access Contract.
Page 4 of 8 Pages
8. Termination for Cause. If Provider concludes,in its sole discretion, that Participating Agency: (a)has
breached any term of this Data-Access Contract; (b)performed its duties and obligations hereunder in
an unsatisfactory, incorrect,or improper manner;or, (c)engaged in improper or illegal activities;then
Provider may terminate this Data-Access Contract immediately without the notice otherwise required
under this Data-Access Contract and,without any compensation to Participating Agency for termination
costs.
9. Termination for Convenience. Each party has the right to terminate this Data-Access Contract. To
terminate this Data-Access Contract, the terminating party must mail, by United States mail, Certified
Mail, return receipt requested,a Notice of Intent to Terminate Data-Access Contract to the other party.
The Notice of Intent to Terminate Data-Access Contract must be mailed no less than thirty-three (33)
calendar days before the effective date of the termination of this Data-Access Contract. This Data-
Access Contract shall terminate upon the expiration of a thirty(30)-day-notice period. The liability of the
parties hereunder for further performance of the terms of this Data-Access Contract shall cease upon
• the expiration of the thirty (30)-day-notice period. However,the parties are not released from any duty
or obligation under this Data-Access Contract until the thirty(30)-day-notice period has expired.
10. Severability. To the extent that this Data-Access Contract may be fully executed,and/or performance
of the duties and obligations of the parties hereunder may be accomplished within the intent of this
Data-Access Contract,the terms of this Data-Access Contract are severable. If any term or provision
hereof is declared invalid by a court of competent jurisdiction or,otherwise becomes inoperative for any
reason, then such invalidity or failure shall not affect the validity of any other term or provision of this
Data-Access Contract.
11. Notice Procedure. All notices required,or permitted,to be given under this Data-Access Contract shall
be in writing. All such written notices shall be deemed given when either personally served on a party or
three(3)days after deposit in the United States Mail,Certified Mail,return receipt requested.All written
notices shall be addressed to the following parties, or to such other addressee or addressees as
designated by a written notice complying with the foregoing requirements:
PARTICIPATING AGENCY:
Linda Perez, Director
Greeley Workforce Center
1150 O Street
P.O. Box 758
Greeley, CO 80632
970-353-3800, ext. 6750
Iperez@co.weld.co.us
PROVIDER:
Procurement and Contracts Office
Lisa Eze
Purchasing Director
Department of Labor and Employment
633 17`h Street, Suite 1100
Denver, CO 80202-3660
(303) 318-8054
With a copy to:
Security Coordinator
Cheryl Ames
Department of Labor and Employment
Page 5 of S Pages
Information Technology Management Office
633 171h Street, Suite 800
Denver, CO 80202-3660
• (303) 318-8310
Contract Coordinator
• • Laura Pak
Department of Labor and Employment
Unemployment Insurance Policy
251 East 121'Avenue
Denver, CO 80203
(303) 318-9298
12. Indemnification. To the extent authorized by law, Participating Agency shall indemnify, save, and
otherwise hold Provider, and its employees and agents,harmless against any and all claims,damages,
liabilities,or court awards, including costs,expenses,and attorneys'fees and related costs incurred by
Provider as a result of any act or omission of Participating Agency,its employees,agents,or licensees
pursuant to the terms of this Data Access Contract.
13. Disputes Arising From or as a Result of this Contract. Participating Agency recognizes that it alone
is responsible for the use of information provided to it pursuant to the terms of this Data-Access
Contract. Participating Agency also recognizes that the information provided to it pursuant to the terms
of this Data-Access Contract is confidential pursuant to the provisions of § 8-72-107, C.R.S., as
amended. Therefore, in the event that a dispute arises as a result of any act by, or omission of,
Participating Agency, or its employees, agents, or subcontractors, pursuant to the terms of this Data-
Access Contract, Participating Agency shall be solely responsible for any and all claims, damages,
liabilities, or court awards, including costs, expenses, and attorneys'fees, and shall hold the State of
Colorado, and specifically the Colorado Department of Labor and Employment, its employees and
agents, harmless for the same and will reimburse the Colorado Department of Labor and Employment
for any and all costs, fees,and/or expenses incurred.
14. Compliance with Applicable Laws. Participating Agency shall, at all times during the performance of
its duties and obligations under this Data-Access Contract, strictly adhere to the following applicable
laws and regulations: Title VI of the Civil Rights Act of 1964, as amended; §504 of the Rehabilitation
Act of 1973,as amended; the Education Amendment of 1972,as amended;the Age Discrimination Act
of 1975,as amended;the Colorado Anti-discrimination Act of 1957, as amended;any other applicable
laws respecting discrimination and unfair employment practices;and,an Executive Order dated April 16,
1975, entitled "Equal Opportunity and Affirmative Action".
15. Acknowledgment of Applicable Criminal Law. The signatories hereto aver that they are familiar with
§ 18-8-301,et seq., (Bribery and Corrupt Influences),and§ 18-8-401, et seq.,(Abuse of Public Office),
C.R.S., as amended, and that no violation of such provisions is present.
16. No Beneficial Interest of the Parties. The signatories hereto aver that to their knowledge, no state
employee has a personal or beneficial interest whatsoever in the service(s) or property described
herein.
17. No Financial Authorization or Obligation of Provider. In no event shall Provider authorize or make
any financial payment to Participating Agency under this Data-Access Contract.
18. Modification.
By the Parties
Except as specifically provided in this Agreement, modifications of this Agreement shall not be
effective unless agreed to in writing by both parties in an amendment to this Agreement, properly
Page 6 of 8 Pages
executed and approved in accordance with applicable Colorado State law, State Fiscal Rules, and
Office of the State Controller Policies, including, but not limited to, the policy entitled
MODIFICATIONS OF CONTRACTS -TOOLS AND FORMS.
By Operation of Law
This Agreement is subject to such modifications as may be required by changes in Federal or
Colorado State law, or their implementing regulations. Any such required modification automatically
shall be incorporated into and be part of this Agreement on the effective date of such change, as if
fully set forth herein.
19. Limitation of Liability. State does not guarantee the accuracy of the information provided to
Participating Agency pursuant to this Contract. State's obligation to provide information to
Participating Agency is contingent upon the availability of the requested information within the
State's computer system. Participating Agency expressly agrees that State shall not be liable for
damages, in whatever form or however characterized or claimed,from inadequacies with, or in,
State information.
20. Recordkeepinq. Pursuant to C.R.S. 8-72-107, Participating Agency shall maintain a complete file
of all records, documents, communications and other material which pertain to this agreement for a
period of five (5)years from the date of final payment under this Agreement, unless Provider
requests that records be retained for a longer period.
21. Entire Understanding. This Data-Access Contract is the complete integration of all
understandings between the parties. No prior or contemporaneous addition(s), deletion(s), or other
amendment(s) hereto shall have any force or effect whatsoever, unless embodied herein in writing.
No subsequent novation(s), renewal(s), addition(s), deletion(s), or other amendment(s) hereto shall
have any force or effect whatsoever unless embodied in a written document executed and approved
pursuant to the Fiscal Rules of the State of Colorado.
22. Governmental Immunity. Notwithstanding any other provision of this Contract to the contrary, no
term or condition of this Contract shall be construed or interpreted as a waiver, express or implied,
of any of the immunities, rights, benefits, protections, or other provisions of the Colorado
Governmental Immunity Act (CGIA), § 24-10-101, et seq., C.R.S., as now or hereafter amended.
The parties understand and agree that liability for claims for injuries to persons or property arising
out of the alleged negligence of the State of Colorado, its departments, institutions, agencies,
boards, officials, and employees is controlled and limited by the provisions of§ 24-10-101 et
seq., C.R.S., as now or hereafter amended.
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•
Page 7 of 8 Pages
CMS# 38109
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
* Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractors behalf
and acknowledge that the State is relying on their representations to that effect.
PARTICIPATING AGENCY STATE OF COLORADO
Board of County Commissioners of Weld County John W.Hiekenlooper,GOVERNOR
Colorado Department of Labor and Employment
Ellen Golombek, Executive Director
By: Sean P. Conway
Title: Board Chair /�� C-
*Signature /� By: Jeff 'itz ra Director
C Unemployment Insurance
Date: FEB 2 2 2012 Date, 3/(0�I0
COLORADO STATE CONTROLLER
Davi 4.McDeri rott, CPA
By:
� w.,, )J 1/� J
✓„f"' Shawn G.Milne
State C ntr Iler Delegate
n
Date: / t
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